Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.
For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.
And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.
In Oregon, like in many states, the primary consideration in child custody matters is the best interest of the child. Parents are generally presumed to be fit to care for their children, and courts typically defer to the parents' wishes. However, under certain circumstances, grandparents may be awarded custody. This can occur if both parents are deemed unfit, if they are deceased, or if one is deceased and the other is incarcerated or otherwise unable to care for the child. Grandparents may petition the court for custody in such situations. Regarding visitation rights, Oregon law does allow grandparents to seek visitation under specific conditions, such as when the parents are divorced, legally separated, deceased, or if the child's welfare is at risk. The court will consider several factors to determine if granting visitation to grandparents is in the child's best interest. It's important to note that these laws can be complex, and outcomes can vary depending on the specifics of each case. An attorney specializing in family law can provide guidance tailored to individual circumstances.